Isn’t it possible to provide some payment to shareholders even where creditors are not paid in full?
State law prohibits distribution to shareholders where a corporation is insolvent (such as where its assets are less than its debts). The Bankruptcy Code will permit distribution to shareholders only with the consent of all creditors who are paid less than 100 cents on the dollar. The holders of the Company’s subordinated debt will receive far less than payment in full and the Company believes that the trustees for such debt cannot and will not consent.
Is there some sort of write off for the loss of my investment?
You need to consult your tax advisors on this subject. There are no assets in the Company for further administration and it is anticipated that the Company will be dissolved formally in 2011. The terms of the Plan, when confirmed, and the dissolution of the Company, when completed, will be on the website indicated above and may be of interest to your tax advisors.
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